What Are My Options After Being Accused of Aggravated Burglary?

Question from bob, What Are My Options After Being Accused of Aggravated Burglary?

Answer from AI:

In New Zealand, the situation you’ve described involves serious legal issues, including potential charges of aggravated burglary and drug-related offenses. Here’s a general explanation of the legal concepts involved and steps you might consider taking:

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Understanding the Charges

1. Aggravated Burglary:

   • Under the Crimes Act 1961, aggravated burglary involves unlawfully entering a building with intent to commit a crime, while armed with a weapon, or while using or threatening to use violence. If the police believe you entered or intended to enter the property unlawfully, they may charge you with this offense.
   • Even if the door was unlocked, the key issue is whether you had permission to be there and whether you intended to commit a crime once inside.

2. Drug-Related Offenses:

   • Possession of methamphetamine is illegal under the Misuse of Drugs Act 1975. If the police found evidence of drugs on your phone or in your possession, you could face charges related to drug possession or distribution, depending on the circumstances.

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Police Search and Evidence

• Phone Search: Police can search your phone if they have a valid search warrant or if they believe it contains evidence of a crime. In this case, they appear to have found drug-related information, which could be used as evidence against you.
• Drug Information: If the police found evidence of drug-related activity on your phone, this could lead to additional charges. The quantity of drugs (35 ounces of methamphetamine) mentioned by your ex-partner suggests a serious offense.

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What You Should Do Now

1. Seek Legal Advice:

   • Contact a criminal defense lawyer immediately. They can help you understand the charges, review the evidence, and advise you on the best course of action. Do not speak to the police without a lawyer present.

2. Understand Your Rights:

   • You have the right to remain silent and not incriminate yourself. Anything you say to the police can be used as evidence against you.
   • You also have the right to challenge the legality of the police search (e.g., whether they had a valid warrant or reasonable grounds to search your phone).

3. Gather Evidence:

   • Collect any evidence that supports your version of events. For example:
     • Proof that you had permission to be at the property (e.g., messages, emails, or witness statements).
     • Evidence showing that you did not enter the property or intend to commit a crime.
     • Any communication with your ex-partner that might explain the situation.

4. Address the Drug Allegations:

   • If the police found drug-related information on your phone, your lawyer will need to assess whether this evidence is admissible and how it relates to the charges against you.
   • If your ex-partner made false statements to the police, this could potentially be considered as perverting the course of justice, but you would need evidence to support this claim.

5. Consider the Stolen Cars:

   • While the police initially did not act on the stolen cars, this could still be part of the broader investigation. Your lawyer can help you address this issue and ensure your rights are protected.

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Important Considerations

• Police Discretion: Police have discretion in how they investigate and charge individuals. If you believe the police acted unfairly or mishandled evidence, your lawyer can help you challenge their actions.
• Ex-Partner’s Statement: If your ex-partner admitted to taking the cars and possessing drugs, this could be relevant to your case. However, the police may still investigate you if they believe you were involved in any criminal activity.

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Next Steps

• Consult a Lawyer: A criminal defense lawyer can help you navigate the legal system, challenge the charges, and protect your rights. They can also advise you on whether you have a valid defense, such as lack of intent or permission to be at the property.
• Stay Silent: Do not discuss the case with anyone except your lawyer. Anything you say could be used against you.
• Prepare for Court: If the case goes to court, your lawyer will help you prepare a defense and represent you during the proceedings.

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When to Seek Legal Advice

If you are facing criminal charges or under police investigation, it is crucial to seek legal advice immediately. A lawyer can help you understand your rights, the strength of the evidence against you, and the potential outcomes of the case. Do not attempt to handle this situation on your own.

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Additional Resources

• New Zealand Crimes Act 1961
• New Zealand Misuse of Drugs Act 1975

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This explanation provides general legal information and is not a substitute for personalized legal advice. Contact a qualified criminal defense lawyer as soon as possible to discuss your specific situation.